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" For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein... "
Commentaries on the Laws of England: In Four Books ; with an Analysis of the ... - Page 11
by William Blackstone - 1836
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Commentaries on the Laws of England: In Four Books, Volume 1

William Blackstone, George Sharswood - Law - 1867 - 926 pages
...covered with water (_/"). For waler ie a moveaWe wandering thing, and must -of necessity continue common by the law of nature ; so that I can only have a temporary,...right to reclaim it. But the land, which that water envers, is permanent, fixed, and immoveable : and therefore in this I may have a certain substantial...
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Commentaries on the Laws of England: In Four Books, Volume 1

William Blackstone - Law - 1872 - 776 pages
...with water. (/) (4) For water is a movable, wandering thing, and must of necessity continue common by the law of nature ; so that I can only have a temporary,...transient, usufructuary property therein ; wherefore, if a boäy of water runs out of my pond into another man 's, Ï have no right to reclaim it. But the land...
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Reports of cases decided in: afterw. determined by the ..., Issue 2, Volume 1

William Pugsley - 1879 - 814 pages
...vol.,in these words: "Water is a movable, wandering thing, and must, of necessity, continue common by the law of nature, so that I can only have a temporary, transient, usufructuary property therein, wherelore if a body of water runs out of my pond into another man's, I have no right to reclaim it."...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 4

Law reports, digests, etc - 1884 - 1042 pages
...Kent's Com., 561. " For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient usufructuary property therein:" 2 Bla. Com., 18. From the context it is quite clear that the learned commentator meant no more than...
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Overland Monthly

West (U.S.) - 1885 - 686 pages
...Chancellor Kent says : " Water is a movable, wandering thing, and must of necessity continue common by the law of nature ; so that I can only have a temporary, transient, usufructuary property therein." It is apparent from these opinions, derived from the expounders of the common law, that water is held...
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Harvard Law Review, Volume 29

Electronic journals - 1916 - 948 pages
...specific water in his structures has come to an end as the water leaves the tail-race into Second River. "If a body of water runs out of my pond into another man's, I have no right to reclaim it." 2 He still has the ownership of the right to the flow of First River to the intake of his conduit,...
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A Digest of the Criminal Law (crimes and Punishments)

James Fitzjames Stephen - Criminal law - 1887 - 494 pages
...to carry the holder ? * " Water is a moveable wandering thing, and must of necessity continue common by the law of nature, so that I can only have a temporary transient usufructuary property therein " (Blackstone, 1 Steph. Com. 173, 5th cd.). As to water in standpipes, see Fcrens v. O'Brien, LR 1...
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Harvard Law Review, Volume 22

Electronic journals - 1909 - 672 pages
...flow. Blackstone says: " For water is a movable, wandering thing, and must of necessity continue common by the law of nature, so that I can only have a temporary, transient usufructuary property therein."" One well-known English case says : " The property in the water itself was not in the proprietor of...
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Report of the State Board of Health and Vital Statistics of Minnesota, Volume 19

Minnesota. State Board of Health - Minnesota - 1902 - 454 pages
...not; and Blackstone says: Water is a movable, wandering thing, and must ot necessity continue common by the law of nature; so that I can only have a temporary,...into another man's, I have no right to reclaim it. Buy the land, which that water covers, is permanent, fixed and immovable, and therefore in this I may...
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A Digest of the Criminal Law of Canada: (crimes and Punishments) Founded by ...

George Wheelock Burbidge - Criminal law - 1890 - 666 pages
...406. 3S. D. Art. 289. * I " Water is a movable wandering thingi and must of necessity continue common by the law of nature, so that I can only have a temporary transient usufructuary property therein ; " (Blackstone, 1 Steph. Com. 178, 5th ed.). As to water in standpipes, see Ferens v. O'Brien, LR...
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